Weekly Legislative Review

Editor’s Note: Each week during the 81st West Virginia Legislature, The Journal is providing space and inviting comments from all members of the Eastern Panhandle’s legislative delegation. The following is a sampling of the submitted comments this week from the House of Delegates and the Senate:

Del. Larry D. Kump

R-59th District

Despite the attempts by some partisans to gin up lots of hoopla about the recently concluded legislative session(s), major issues affecting the prosperity of all of us in the Mountain State sadly were allowed to lie unaddressed on the legislative table.

Even with a reconvened “special” session of the Legislature by the Governor, he mandated that the business of that session be restricted to just a scant handful of non-emergency and narrowly focused proposals, that previously failed to pass the just adjourned regular legislative session.

The prison legislation was helpful in that it expanded the drug courts, but it also failed to address the major issues of sentencing and prison overcrowding that gives West Virginia the highest rate of incarceration in the country.

The education legislation included some good stuff, but mostly nibbled around the edges of our ongoing education crisis and did not take much of a bite out of our problem of too much bureaucratic control over our local schools by the State Department of Education. It simply did not empower local school boards and parents to be more engaged on behalf of our children.

Municipal Home Rule legislation was a step forward, and it also included some important protections of our Constitutional 2nd Amendment rights. A further step forward would be to further encourage voter participation, by requiring municipal elections to be held at the same time as state and federal elections. This also would save tax dollars.

However, little progress was made in improving our judicial process and reforming our state government taxing and regulation.

We should and must stem the flight of West Virginians to other areas, as they desperately search for good jobs and prosperity for themselves and their families.

Del. Larry Faircloth

R-60th District

The final week has come and gone, and session is now out. This session has seemed to be filled with a lot of controversial bills; of which many proposed regulations on top of regulations to residents of West Virginia. One of course is the ‘drugged driving’ bill which seemed to draw a lot of media attention as there were intense statements to both sides of the argument on the bill. Refusing to cooperate to submit a drug test for no warrant could cost a person their license. Yet the bill never defined the ‘drugs,’ or the ‘levels.’ Who was this bill targeting? Many suspect elderly drivers; simply because so many of our seniors are on medications (that were not defined in the bill). Yet the bill made passage citing once again, ‘if this saves just one life, it’s worth passage.’ Yet not less than 48 hours ago, the United States Supreme Court ruled that ‘drugged driving’ bills were, you guessed it, unconstitutional without warrant, and over-regulating to individual rights. The one thing that dismays me most about this year’s session is this: Where were the jobs bills? Why didn’t we address the nearly 59,000 unemployed in our state? These are questions our public needs to be asking their elected officials. After all, do we not all know somebody that has suffered the economic crash that could benefit from job creation?

Del. John Overington,

R-62nd District:

As Obamacare is being implemented on the federal level and increasing control of our health care, our state seems to be trying to expand free meals to all elementary school children with S.B. 663.

In West Virginia more than half of our students are eligible for free or reduced lunches with more than a third participating. No one wants our school children to go hungry. But, if the latest scheme is fully implemented, all children would be getting free breakfasts and lunches. With S.B. 663, this benefit would be expanded to middle and upper income children, whether they wanted to participate or not, whether they liked the food or not.

But why are we expanding this to middle and upper income folks? The March 31 Journal editorial hit the nail on the head. There is no such thing as a free lunch – it is just an illusion – someone is paying for it.

During the discussion, the focus was on providing free lunches for all students as if all parents were being neglectful in providing meals for their children. In Martinsburg we have many outstanding charitable groups providing food, generally for the asking for those in need.

During a spirited discussion on free lunches, one delegate suggested that if we went to universal free lunches, students could help earn their free lunch by performing a service and learning a lesson that there is no such thing as a “free” lunch. That led to a tirade from another delegate, as if the first delegate had been suggesting 10-year-olds be required to work in a coal mine 12 hours a day, 6 days a week.

Another delegate kept stressing in an animated voice, that this free lunch program should be available to ALL students. In other words, she was suggesting that it should not just be provided to low income students that already can get free or reduced lunches, but that it should also go to middle and upper income students.

With “free” health care, some feel we now need to expand government to free food to all students. If fully implemented, this would cover 100 percent of all students.

S.B. 663 seems to undermine the whole idea of charity, of neighbors helping neighbors, church members helping church members, with government programs replacing the spirit of people helping people and the satisfaction that comes from true giving. No one wants students to go hungry, but expanding this to middle and upper income folks is clearly the wrong way to go.

Del. Mike Folk

R-63rd District

The good, the bad, and the ugly! Some will say the session was a wonderful success, I believe it was a mixed bag.

The major bills according to news reports were Education, Justice Reinvestment and Home Rule. None were perfect bills, each had a few provisions that improved the status quo. The Education bill allows for more flexibility for hiring the best, most qualified teacher. However, the bill is laden with rulemaking authority given to the State Board, not what I would call more local control.

Justice Reinvestment is a very complex bill that, I believe, has one provision that may have a positive impact for the local area: Adult Drug Court implementation. This has been held up locally due to resistance from a select few. Hopefully, this saves dollars and reduces recidivism as projected.

Finally, Home Rule was passed with many amendments. Municipalities which are accepted will be able to control almost all law outside of Chapters of state code including Criminal Procedure, Criminal Penalties and Controlled Substances. Local Municipal gun ordinances will be preempted by the State Legislature and they will be allowed to charge up to a 1 percent sales tax if they reduce or eliminate the B & O tax.

This will allow for the possibility for major tax increases by cities, if abused. The voters in Martinsburg, if they enter the pilot program, will need to hold the City Council and Mayor accountable if they abuse the “local” control they have been given by this statute at the ballot box.

Del. Tiffany Lawrence

D-65th District

The details included passing a budget that totaled $11 billion plus, including general revenue that accounts for more than $4 billion. To sum it up, the FY 2014 budget is $151 million less than the 2010 budget, and $216 less than the 2011 budget. Other highlights included restoring 50 percent of the state funding for Primary Healthcare Centers, appropriating dollars for 21st Century Education Innovation Zones, restoring funding for Senior Services and student HISTA programs, restoring Family Resources Network program monies as originally cut by the governor and allocating $350 thousand to our State Tourism MAPP Grant program which provides marketing dollars for many of our local festivals and initiatives.

After action on the budget, the governor then placed five additional policy issues on the Special Call for which members to consider or re-consider in some cases. Of those, much discussion took place surrounding the diverse set of bills.

House Bill 103 would require a comprehensive review and report of the needs of each volunteer fire department serving in W. Va., of steps that may be taken to meet those needs and to sustain them, and of future steps that must be taken to ensure fire protection in the rural areas of our state. While the review is being conducted, the Volunteer Fire Department Workers’ Compensation Subsidy Program will continue to be administered. The bill provides two sources of revenues to support the program during this study period.

Additionally, HB 105 would establish that the state Tax Commissioner has the responsibility for administering, collecting and enforcing all local sales and use taxes and excise takes imposed pursuant to the County Economic Opportunity Development District Act or Municipal Sales Tax Increment Financing.

Three other bills were presented, including SB 1003, known as the Magistrate Pay bill, HB 104, which provided a supplemental appropriation for the Attorney General’s office and HB 101, which was the TIF bill. I was proud to vote for four of the five bills.

Del. Paul Espinosa

R-66th District

In many respects, the First Regular Session of the 81st Legislature ended as it began, with a considerable amount of time and energy focused on efforts to enact a pay raise for magistrates in less populous counties as well as magistrate clerks and assistants across the state. The magistrate pay raise bill ultimately died in the Senate at the end of the regular session a week ago Saturday, along with a bill the House leadership was holding as leverage that would have authorized a sales tax increment financing district in Morgantown.

Proponents of the TIF district have announced plans for a multi-million dollar development that would include construction of a stadium for use by the WVU baseball team and a minor league ball club. The TIF financing bill was one of the few job-creation bills offered during the session and enjoyed overwhelming support, so to see it held hostage by House leadership in an effort to force through a pay-raise bill was, in my opinion, unconscionable.

As a result of the failure to act on this legislation, the governor issued a call for a special legislative session to consider these two bills, SB 1003 and SB 1001 respectively, along with HB 105 that would authorize the state tax commissioner to administer sales tax collections in TIF districts and cities enacting sales taxes through the municipal home rule pilot program; SB 1005, a $17.7 million supplemental appropriation bill that was also held up by House democrats during the regular session; and HB 103, a bill related to the distribution of state funds to volunteer fire departments under the Volunteer Fire Department Workers’ Compensation Subsidy Program.

The special session convened Wednesday evening with the TIF and volunteer fire department workers’ compensation bills gaining speedy passage, followed by the remaining three bills Thursday morning. While I support the plan to have the National Center for State Courts study our magistrate court system and offer recommendations for ensuring equal pay for equal work, I ultimately voted against this immediate pay raise because of the host of spending cuts we’ve asked West Virginians to accept. I also opposed HB 105 because of concerns over the size of the fee the state would charge municipalities.

I was particularly pleased to support SB 1005 that represents the fulfillment of Attorney General Patrick Morrisey’s pledge to direct settlement funds to the legislature for appropriation, reforming the practice of the previous attorney general.

Del. Stephen Skinner

D-67th District

This bill urges the Department of Highways to consider the many different forms of transportation other than cars when constructing roads in the future and establishes the “Complete Streets Advisory Board.” This board would be made up of 16 members, including members of the Department of Highways and citizens appointed by the governor.

Similar laws have been passed in more than 20 other states and more than 200 municipalities all across the United States. These acts are all part of a growing effort across the country to ensure all who travel roads in America are safe. This movement started in 1971, when the Oregon Legislature passed a bill known as the “Bike Bill,” which required all roads built by the Oregon Department of Transportation in the future to accommodate bicycles and pedestrians. This bill was the first of its kind, starting a movement that continues with this bill.

I am very pleased that one of the bills that I co-sponsored made it onto the agenda of the special session and passed. The bill helps volunteer fire departments with their workers’ compensation premiums. The intention is to help volunteer fire departments throughout West Virginia who are often struggling to make their premium payments.

Sen. John Unger,

D-16th District

We have concluded the 2013 regular session, the extended budget session and the first special session of 2013. I am very pleased with the decisive, bipartisan work we have done to move West Virginia forward.

The Feed to Achieve Act completed action Saturday night. This bill will set up a framework for county school boards and community groups to feed all public school students in West Virginia. No child should go hungry.

It is a sensible, caring approach that will improve student focus and retention, while also providing an economic support element to local businesses and farmers. It allows funds to be utilized to buy produce from local farmers and use that produce for the purpose of nutrition in the schools.

The bill is neither an unfunded mandate nor in any way takes the responsibility away from parents. We want to end the cycle of child poverty in West Virginia while growing a healthy, educated, drug-free workforce, and the Feed to Achieve Act is the first of many steps in this process.

We also passed meaningful education reform that gives counties flexibility in hiring teachers and implementing their 180 calendar. The reform also has provisions to ensure third-graders are reading at an appropriate level and that high school students are on a college or career training path.

We tackled prison overcrowding by providing $25 million investment over the next five years for increased supervision, most of it for drug treatment. It also mandates that every county participate in drug court programs by 2016. Drug courts use strict drug treatment and testing as an alternative to prison sentences. They currently operate in 30 of the state’s 55 counties and have been enormously successful in keeping offenders from being sent back to jail.

Other major bills completed include a Tax Implement Finance (TIF) economic development project in Morgantown, funding for volunteer fire departments’ workers compensation and bills to eliminate puppy mills in West Virginia.